Elkus ordered to return to court Jan. 27

SANTA ANA – A 79-year-old former Lake Elsinore resident accused of
gunning down his physician four years ago pleaded with an Orange County
Superior Court judge today to accelerate the date of his trial despite his
attorney saying she needs more time to schedule witnesses.
Stanwood Fred Elkus, who said he is suffering from a brain tumor, also
asked Orange County Superior Court Judge Patrick Donahue to get him out of a
one-man cell, arguing it was in effect disciplinary isolation.
Donahue denied the request, stating that he was best served to remain at
the Theo Lacy jail for medical care and because sheriff’s officials have
already indicated they plan to move him to a two-man cell soon.
Elkus denied he was causing any trouble in the jail.
“I had one of the deputies waving in my face papers saying, `You can’t
get along with anyone,’ ” Elkus said.
He said the younger inmates picked on him when he was in general
population.
“These younger men want to beat up on me,” he said.
“A 22-year-old guy was putting mustard on me and I complained, so they
put me in a one-man cell,” Elkus said. “He was 22 and I was 78 at the
time… I’m not instigating anything.”
Elkus added, “I could get along with a gorilla, especially now. I’ve
learned a lot.”
Elkus said he wanted to return to general population, though, arguing
that he does not get along with his physician or the deputies in the area where
he is housed now.
“I have a brain tumor. I don’t think there’s anything” the doctors can
do to remove it, Elkus said.
“I think the jail has a responsibility to look after his medical
condition,” Donahue said in denying Elkus’ request. “And Theo Lacy is the
best place to do it.”
Elkus was also frustrated at the delays in his case going to trial.
“Tumor or no tumor, I feel terrible,” he said. “It’s been more than
four years. Please, I’m begging you, no more delays.”
Elkus’ attorney, Colleen O’Hara, said she was ready to go to trial, but
she has been having trouble scheduling expert medical witnesses who are
expected to testify about “neurological” issues the defendant has been facing
since the shooting.
“I want to get a court date now,” Elkus said. “It seems like she’s
delaying, delaying, delaying… I’m really in bad shape. I have to wear a
diaper now. My body is really deteriorating.”
O’Hara said she also needed time to go through the bureaucratic process
of obtaining her client’s medical records to be used as evidence in the trial
in which Elkus has pleaded not guilty by reason of insanity.
“Without these experts there would be no defense,” O’Hara said.
“Without them he would be convicted within an hour.”
Elkus allegedly fatally shot Dr. Ronald Franklin Gilbert, a urologist,
at his Newport Beach office on Jan. 28, 2013.